Western Union Telegraph Co. v. Ivy
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; F. Guy Fulk, Judge; STATEMENT BY THE COURT. This is a suit for damages growing out of the failure to deliver the following telegram: “Hot Springs, Ark., August 30, 1907.- "E. V. St. Clair, Terre Haute, Indiana. Ship body of Leo Ivy to Traskwood, Arkansas. Thirty dollars for expenses. H. McCafferty, Undertaker.” Leo Ivy was the fifteen-year old son of the appellee, by his former wife, and for whom he had a very great affection.
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Appeal from Pulaski Circuit Court; F. Guy Fulk, Judge; STATEMENT BY THE COURT. This is a suit for damages growing out of the failure to deliver the following telegram: “Hot Springs, Ark., August 30, 1907.- "E. V. St. Clair, Terre Haute, Indiana. Ship body of Leo Ivy to Traskwood, Arkansas. Thirty dollars for expenses. H. McCafferty, Undertaker.” Leo Ivy was the fifteen-year old son of the appellee, by his former wife, and for whom he had a very great affection. The boy died in Terre Haute suddenly, and the first information his father had of his death came from a report of it to him by a…
1Opinion of the Court
Kirby, J.,
(after stating the facts). There are several assignments of error, but such only will be noticed as we regard necessary to consider in the determination of the cause.
It is insisted strongly that the court erred in not directing a verdict for the appellant, and we agree with this contention. The damages proved in this case and resulting, aside and separate from mental anguish, amounted to about $40, and the remainder of the verdict must have been allowed on account of mental anguish. If it be conceded that such damages would have resulted from the failure to deliver the telegram,…
2Cases cited2 opinions
- Warren v. StoddartSupreme Court of the United States · 1882
- St. Louis, Iron Mountain & Southern Railway Co. v. AyresSupreme Court of Arkansas · 1900
3Cited by7 opinions
- Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
- Wisconsin & Arkansas Lumber Co. v. ScottSupreme Court of Arkansas · 1924
- Curtner v. Bank of JonesboroSupreme Court of Arkansas · 1927
- Pullman Co. v. WaltonSupreme Court of Arkansas · 1922
- Western Union Telegraph Co. v. CrainSupreme Court of Arkansas · 1915
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